Steven Klutkowski

In 2005, Steven graduated third in his class from Seton Hall University School of Law. Prior to joining Duke Holzman, Steven practiced in New York City, focusing on complex commercial litigation, and thereafter worked as a staff attorney to the New Jersey Supreme Court—New Jersey’s highest appellate court, where he advised the court on a wide array of civil, criminal, and attorney ethics matters. Steven joined Duke Holzman in March 2015 and quickly excelled, becoming a partner in January 2018.

Steven focusses his practice on business and commercial litigation, including contractual disputes, shareholder/member disputes, business torts, business and securities fraud, commercial lease disputes, restrictive covenants and non-compete, non-solicitation, and non-circumvention agreements, first-party insurance coverage litigation, and general corporate and transactional work. Steven also concentrates on construction disputes and litigation and has represented owners, general contractors, subcontractors, engineers and architects in various matters, including contract disputes, errors, omissions, and defect litigation, and prompt payment, bond, and lien claims.

Steven has successfully represented clients in state and federal courts, including appellate proceedings, arbitrations, and mediations, and he has advised clients regarding business activities and transactions. His experience further includes:

• Successfully defended and obtained summary judgment dismissal of lawsuit in the New York City Commercial Division seeking $44 million in lost profits and other damages pursuant to claims of breach of contract, tortious interference, and unfair competition arising from a new business venture to develop, integrate, and sell an over-the-top (OTT) technology product in the United States. (Decision available here)
• Successfully defended and obtained pre-answer dismissal of plaintiff’s claim asserting a purported right to exercise stock options under company stock incentive plan.
• Successfully defended and obtained summary judgment dismissal of claim seeking payment pursuant to receivable purchase agreements based on successful defense asserting that the agreements were actually disguised usurious loans.
• Successfully prosecuted and obtained summary judgment on behalf of client/insurance agent seeking commissions against insurance company pursuant to a deferred compensation agreement based on the multi-million dollar sale of a group of universal life insurance policies. Successfully defended appeal of the trial court decision.
• Successfully defended and obtained summary judgment dismissal of claims asserting a purported ownership interest in client’s business. Successfully defended appeal of the trial court decision.
• Successfully defended and obtained pre-answer dismissal of claim asserting breach of non-compete agreement and misappropriation of trade secrets and propriety business information.
• Successfully prosecuted and obtained multi-million dollar settlement of shareholder derivative claims asserting freeze out, corporate waste and mismanagement, breach of contract, and breach of fiduciary duties.
• Successfully prosecuted and mediated to settlement securities fraud lawsuit against financial services firm and its executives who engaged in solicitation and promotion of a Ponzi scheme marketed as investments in entities that purchase and resell tickets to popular events, concerts, and shows.
• Successfully prosecuted claim and mediated to settlement subcontractor’s breach of contract, lien, and bond claims seeking payment for materials and work provided on a public improvement project.
• Successfully arbitrated owner construction claim asserting breach of contract and defective work product.

Steven has been selected to the 2021 and 2023 Upstate New York Super Lawyers list.

Professional Services, Construction & Demolition, Manufacturing, Securities, Transportation.

Bar Association of Erie County; New York State Bar Association (Sections on Commercial and Federal Litigation)

New York; New Jersey; United States Second Circuit Court of Appeals; United States District Court for the Western District of New York; United States District Court for the Northern District of New York; United States District Court for the Eastern District of New York; United States District Court for the Southern District of New York; United States Bankruptcy Court for the Western District of New York; United States District Court for the District of New Jersey.

Seton Hall University School of Law, J.D., summa cum laude, order of the coif
Rutgers University, B.A., Highest Honors